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Divorce Divorcing Wife During her Period and Taking Back her Dowry

Question

My husband gave me two divorce (talaq) at a time during my monthly periods (halat e haiz). After a week we had a relationship as husband and wife. I wanted to ask if the 2 talaq happened or not. He often exploits me being a husband and took all of my meher which was in the form of jewellery. If i ask about my meher back he gets in rage and i am afraid he will divorce me if i keep on asking though he is very fair in dealings with others and very supportive to his siblings.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Divorce during menstruation is a forbidden divorce. There is a difference of opinion among the jurists as to whether it is valid or not. The majority of scholars hold that it does take effect, and this is the view we adopt here in Islamweb. Hence, if a man divorces his wife while she is on her period, the divorce is valid. Later, if he divorces her again while she is still in her ‘Iddah (waiting period), that divorce also takes effect (as another divorce). Some scholars, however, are of the opinion that such a divorce does not take effect. However, we advise consulting a scholar directly about this matter.

We caution against disputes in married life and encourage patience and wisdom in resolving problems. We also caution against divorce and the similar options, as they may lead to regret.

Furthermore, we stress that it is not permissible for a husband to take any of his wife’s money without her consent, whether it is from her Mahr (dowry) or any other property. Allah the Almighty says: {It is not lawful for you to take back anything that you have given them [of dowry], except when they both fear that they would not be able to maintain the limits ordained by Allah…} [Quran 2:229].

Allah knows best.

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